HB 1705-FN - AS INTRODUCED

 

 

2024 SESSION

24-2585

08/05

 

HOUSE BILL 1705-FN

 

AN ACT relative to classifying ballots as public information.

 

SPONSORS: Rep. McCarter, Belk. 8; Rep. Phillips, Rock. 7; Rep. Gerhard, Merr. 25

 

COMMITTEE: Election Law

 

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ANALYSIS

 

This bill reclassifies ballots as public information.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2585

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to classifying ballots as public information.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Disposal of Ballots; Public Documents.  Amend RSA 660:16, II to read as follows:

II. Ballots, including cast, cancelled, and uncast ballots and successfully challenged absentee ballots still contained in their envelopes, prepared or preserved in accordance with the election laws shall not be exempt from the provisions of RSA 91-A. [This exemption shall apply to any ballots or absentee voter affidavit envelopes prepared for or used in any election conducted by the state or any political subdivision, including federal elections.]  The secretary of state shall establish a quarterly calendar to allow viewing of paper ballots.  A request to the secretary of state to view ballots shall be satisfied within 90 days of such request.  Every town and ward shall save scanned images of all ballots cast in an election.  Such images shall be available for viewing within 48 hours of the close of the election and shall be stored in a manner easily accessible by the public when requested.

2  Effective Date.  This act shall take effect upon its passage.

 

LBA

24-2585

12/8/23

 

HB 1705-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to classifying ballots as public information.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source(s)

General Fund

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

• Does this bill provide sufficient funding to cover estimated expenditures? [X] No

• Does this bill authorize new positions to implement this bill? [X] No

 

Estimated Political Subdivision Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

$0

$0

$0

$0

Local Revenue

$0

$0

$0

$0

Local Expenditures

$0

Indeterminable Increase (potentially $9.36 million or more)

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill makes ballots, including cast, canceled, uncast, and successfully challenged absentee ballots still in their envelopes public records subject to the provisions of RSA 91-A.

 

The Department of State indicates this bill mandates the Secretary of State to set up a quarterly schedule for viewing paper ballots within 90 days of a request.  This means transferring all election materials to a specific building, incurring substantial unpredictable costs for pick-up, storage, and additional staff to manage the viewing process.  Additionally, it requires towns and wards to save and provide scanned ballot images within 48 hours after polls close, potentially raising election costs in town and city.

 

The New Hampshire Municipality Association states this bill removes the exemption for cast ballots from public disclosure laws, requiring towns to save scanned ballot images within 48 hours of an election.  This mandates the procurement of high-speed scanners, approximating a cost of $9.36 million ($40,000 scanner cost x 234 municipalities) if each municipality purchases one scanner.  However, uncertainties exist regarding whether multiple scanners are necessary for municipalities with multiple wards and the exact timing and oversight costs associated with the scanning process.

 

AGENCIES CONTACTED:

Department of State and New Hampshire Municipal Association